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Richard, Attorney
Category: Legal
Satisfied Customers: 53705
Experience:  Attorney with 29 years of experience.
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A client owes us money provided, via email she

Customer Question

A client owes us money for services provided, via email she agreed to make payments, she started paying for three months then stopped, she now does not respond to my calls or emails, can I file a claim under "theft by deception" if so how do? If not, then what? The services was weekly lawn maintenance.
Submitted: 6 months ago.
Category: Legal
Expert:  Richard replied 6 months ago.
Good morning Irene. My name is ***** ***** I look forward to helping you. You wouldn't likely to be able to get a prosecutor to bring criminal charges because "intent" from the outset has to be established beyond a reasonable doubt. BUT, you absolutely have recourse and would prevail in a civil suit for the amount owed you. Filing the suit will give you the collection options and leverage you need to collect the debt owed you. That's because once the suit is filed and a judgment awarded, you become a judgment creditor, and if she doesn’t then pay the judgment, you can have the sheriff serve a summons on her for a debtor examination. That forces her to meet you in court again and answer questions under oath about her assets. After that information is obtained, you have the power to garnish wages, attach bank accounts, have the sheriff seize other personal property, and/or place liens on any non-homestead property she owns to satisfy the judgment. In my experience, simply filing the suit is typically all you need to do to resolve this outside of court because most of the time, once served with a summons she is being sued, she will want to pay you to avoid the judgment she's sure to lose and having her accounts attached and her income garnished. Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent (hopefully Good or Excellent). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

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